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Man arrested after paint thrown on Confederate monument
Headline Legal News | 2021/10/14 11:38
An Alabama man was arrested on criminal mischief and other charges after someone threw paint on a Confederate monument that has been the subject of protests at the Lauderdale County Courthouse, the TimesDaily reported.
Sheriff’s Lt. Joe Hamilton said a deputy assigned to provide security at the courthouse saw a man splash paint on the monument Thursday afternoon. The man ran away after seeing the deputy but was captured quickly, Hamilton said.
Courthouse workers used a garden hose to wash away the blue and purple paint, and most of the discoloration was gone within 30 minutes, the newspaper reported.
Seth Jones Robinson, 20, of Florence was charged with second-degree trespassing, third-degree criminal mischief, desecration of a venerated object and attempting to elude. Robinson was booked into the county jail, and court records weren’t available Thursday to show whether he had a lawyer who could speak on his behalf.
Erected in 1903, when Confederate veterans and their descendants were attempting to portray the South’s cause in the Civil War as noble, the monument has been the subject of complaints for years. Project Say Something, a group that opposes the memorial, has sought its removal but county commissioners cited a potential $25,000 state fine for refusing to do anything.


Appellate court sets hearing in South Carolina abortion case
Headline Legal News | 2021/10/11 15:03
An appellate court is set to debate a lawsuit challenging South Carolina’s abortion law about a week after the U.S. Supreme Court considers a similar measure in Mississippi.

The 4th U.S. Circuit Court of Appeals has tentatively calendared the South Carolina case for oral arguments the week of Dec. 6, according to an order from the court posted Friday.

Planned Parenthood is suing South Carolina to over the measure, which was signed into law by Republican Gov. Henry McMaster earlier this year and requires doctors to perform ultrasounds to check for a so-called “fetal heartbeat.” If cardiac activity — which can typically be detected about six weeks into pregnancy — is detected, the abortion can only be performed if the pregnancy was caused by rape or incest, or if the mother’s life is in danger.

Opponents have argued many women do not know they are pregnant at six weeks. And, they argue, with such an early deadline, the law gives women little time to consider whether to have an abortion.

Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric activity within cells in an embryo. They say the heart doesn’t begin to form until the fetus is at least nine weeks old, and they decry efforts to promote abortion bans by relying on medical inaccuracies.

A judge has blocked South Carolina’s law from going into effect pending the outcome of a challenge to Mississippi’s new abortion law, which the U.S. Supreme Court expects to hear Dec. 1.

Mississippi wants the high court to uphold its ban on most abortions after the 15th week of pregnancy, telling the court it should overrule the landmark Roe v. Wade decision guaranteeing a woman’s right to an abortion and the 1992 decision in Planned Parenthood v. Casey that prevents states from banning abortion before viability.


Commissioner sought to oversee 3 Ohio redistricting suits
Headline Legal News | 2021/10/04 12:18
Attorneys in one of three lawsuits brought against Ohio’s newly drawn maps of legislative districts asked the state’s high court Monday to appoint a master commissioner to oversee the disputes.

Lawyers for voters represented by the National Democratic Redistricting Committee told the Ohio Supreme Court the special oversight is needed to resolve discovery disputes among three separate legal teams that have sued the Ohio Redistricting Commission.

The suits allege some overlapping and some separate violations of the Ohio Constitution by the panel, which was forced to pass four-year maps along party lines because majority Republicans failed to reach agreement with the panel’s two Democrats. The panel’s GOP members defend the maps of Ohio House and Ohio Senate as fair and constitutional.

They are predicted to continue to deliver supermajorities to Republicans in both chambers, though the state’s partisan breakdown is roughly 54% Republicans, 46% Democrats.

In their Monday filing, the National Democratic Redistricting Committee’s attorneys said that they have made good-faith efforts to work out disputes with fellow lawyers but that “it is already clear that some disputes are fundamental and will be irresolvable.”

Disagreements became apparent after a meeting on Friday, they said. Among areas where lawyers are at odds are whether members of the redistricting panel can be deposed, whether they must answer written questions and whether third parties can be questioned or asked to produce evidence.

The suits are the first to be brought under amendments to the Ohio Constitution that were approved overwhelmingly by the state’s voters in 2015.

The seven-member high court, made up of four Republicans and three Democrats, has exclusive jurisdiction in resolving redistricting disputes. It has set an expedited schedule for hearing the three cases, culminating in oral arguments Dec. 8.

The other two suits were brought by the American Civil Liberties Union on behalf of the League of Women Voters of Ohio, the A. Philip Randolph Institute and individual voters; and by the Council on American-Islamic Relations of Ohio, Ohio Organizing Collaborative and Ohio Environmental Council and individual voters.

Ohio Supreme Court Justice Pat DeWine has said he will not recuse himself, despite his father, Gov. Mike DeWine, is a member of the redistricting panel being sued. Both DeWines are Republicans.


Arkansas court: State can’t enforce ban on mask mandates
Headline Legal News | 2021/10/01 13:03
The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COVID-19 vaccine.

In a one-page order, justices denied the request by the state to stay the August decision blocking enforcement of Arkansas’ mandate ban.

More than 100 school districts and charter schools have approved mask requirements since the ruling against the law. The requirements cover more than half the state’s public school students.

Republican Gov. Asa Hutchinson, who signed the law but later said he regretted that decision, had separately asked the court to deny the request to stay the ruling.

“I am gratified with the Arkansas Supreme Court ruling allowing the decision of Judge Fox to stand,” Hutchinson said in a statement. “Judge Fox determined the law was unconstitutional and allowed local school districts to make their own decisions on masks.”

Republican Attorney General Leslie Rutledge said she was disappointed with the ruling.

“I will wholeheartedly defend Arkansas law as this appeal progresses,” she said in a statement.

The ruling came the same day the majority-Republican Senate voted to send eight bills limiting or prohibiting employer vaccine mandates back to a committee following complaints that they were rushed through a day earlier without public comment.


Supreme Court hanging up phone, back to in-person arguments
Headline Legal News | 2021/09/08 11:13
The justices are putting the “court” back in Supreme Court. The high court announced Wednesday that the justices plan to return to their majestic, marble courtroom for arguments beginning in October, more than a year and a half after the in-person sessions were halted because of the coronavirus pandemic.

The justices had been hearing cases by phone during the pandemic but are currently on their summer break. The court said that oral arguments scheduled for October, November and December will be in the courtroom but that: “Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom sessions will not be open to the public.”

“The Court will continue to closely monitor public health guidance in determining plans,” the announcement said.

The court said that while lawyers will no longer argue by telephone, the public will continue to be able to hear the arguments live. Only the justices, essential court personnel, lawyers in the cases being argued and journalists who cover the court full-time will be allowed in the courtroom. The court that returns to the bench is significantly different from the one that left it.

When the justices last sat together on the bench at their neoclassical building across the street from the U.S. Capitol on March 9, 2020, Justice Ruth Bader Ginsburg was the court’s most senior liberal and conservatives held a narrow 5-4 majority. But Ginsburg died in September 2020, and her replacement by conservative Amy Coney Barrett in the final days of the Trump administration has given conservatives a significant 6-3 majority.

Because of the pandemic, Barrett has yet to be part of a traditional courtroom argument, with the justices asking questions of lawyers in rapid succession, jockeying for an opening to ask what’s on their minds. The arguments the court heard by telephone were more predictable and polite, with the justices taking turns asking questions, one by one, in order of seniority. That often meant the arguments went longer than their scheduled hour.

It also meant that lawyers and the public heard from the previously reticent Justice Clarence Thomas in every telephone argument. Before the pandemic Thomas routinely went years without speaking during arguments and had said he doesn’t like his colleagues’ practice of rapid-fire questioning that cuts off attorneys. “I don’t see where that advances anything,” he said in 2012.

One change from the remote arguments will stay for now. The justices said they will continue their practice during the pandemic of allowing audio of oral arguments to be broadcast live by the news media. Before the pandemic, the court would only very occasionally allow live audio of arguments in particularly high profile cases.

That meant that the only people who heard the arguments live were the small number of people in the courtroom. The court releases a transcript of the arguments on the same day but, before the pandemic, only posted the audio on its website days after.


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